Tailor Archive

If you signed up for JTL beta you signed a nondisclosure agreement (NDA), as detailed below, stating you would not talk about JTL beta. If you are not in JTL beta, it means you got the information from someone who broke the NDA in giving it to you.

Please do not post ANY information about JTL beta on this forum. Do not discuss things you saw first-hand, or things you heard from someone else, or link to posts that violate the NDA.

In short:

• If you ARE in beta, and you disclose, your post will be removed, and you may be expelled from beta. Further actions may be taken by the mods, at the mods' discretion.

• If you ARE NOT in beta, and you disclose, your post will be removed. Further actions may be taken by the mods, at the mods' discretion.

Why are non-beta-testers being censored? SOE doesn't want that information out there! They have the right to moderate this board, and they don't want that information disclosed. It's a business decision. It doesn't matter who is spouting the information.

What about Free Speech? The first amendment applies when the federal government restrains your speech. This has been incorporated through the 14th amendment to apply to the states too. So, since SOE is not the federal or state government, they can slap a gag on you whenever they want.

Here is a copy of the nondisclosure agreement:

---

TERMS OF USE, LICENSE AND NON-DISCLOSURE AGREEMENT
(BETA TESTING OF A PRE-RELEASE GAME)
Sony Online Entertainment Inc. ("SOE") has designed and developed, and LucasArts, a division of Lucasfilm Entertainment Company Ltd. ("LucasArts") is the publisher of, a software product entitled Star Wars Galaxies®: Jump To Lightspeed™ (the "Game"). SOE has established a Beta Test program (the "Beta Program") to, among other things, allow a limited number of people to test the features, capabilities and performance of one or more prerelease version(s) of the Game (the "Beta Software") and provide feedback and comments to SOE. By clicking the "I AGREE" button below:

(1) You promise that you are eighteen years of age or older, and are not a principal or employee of a developer, manufacturer or publisher of video or computer games (other than SOE or LucasArts), and are entering into this agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than what is expressly provided for in this agreement (IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE BETA PROGRAM);

(2) You acknowledge that SOE may, in its discretion and at any time before or during the Beta Program, accept or reject your application for the Beta Program (or terminate your participation therein), and if you are accepted, the Agreement below is a binding contract between you and SOE;

(3) You acknowledge that your application shall not be complete, nor shall you be considered for entry into the Beta Program, unless and until you provide SOE with certain DirectX diagnostic information from your computer as part of this application process, if requested by SOE;

(4) You acknowledge that SOE may, in its discretion, charge a fee for the Beta Software and/or participation in the Beta Program, and your participation in the Beta Program is contingent on your payment of such fee(s);

(5) SOE may, in its discretion, reschedule the start date or end date of the Beta Program at any time in its sole discretion;

(6) You agree and consent, and grant SOE the right, for the term of your participation in the Beta Program, to allow SOE to upload certain DxDiag DirectX diagnostic information, hardware, software, driver, operating system and related information, including crash logs, from your computer solely for the purpose of analyzing, improving and maintaining the Game;

(7) You agree that SOE may, from time to time, contact you by email with news about the Game and/or the Beta Program; and

(8) You agree to all of the terms of the Agreement set forth below.

AGREEMENT
1. License Terms.

1.1 License Grant. SOE grants you (the "Recipient"), the non-exclusive, non-transferable, revocable, limited right to install the Beta Software onto a single computer for Recipient's personal use. Recipient may not use, copy, modify, publish, transmit, broadcast, post, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Beta Software (including, without limitation, any screenshots, videos, documentation or manuals relating to the Game) except as provided in this Agreement. Recipient may only use the Beta Software for testing and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to SOE.

1.2 License Restrictions. Recipient shall not:

(a) Sublicense to, transfer, network, transmit, distribute or permit use of the Beta Software by, any third party;

(b) Reverse engineer, decompile, or disassemble the Beta Software;

(c) Make copies of the Beta Software other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that Recipient includes on the back-up copy all copyright and other notices that are included on the Beta Software and Recipient's use of such back-up copy shall be subject to this Agreement; and

(d) Export the Beta Software in violation of the export control and similar laws of the United States of America and other countries.

1.3 Indemnification. Recipient (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, SOE, LucasArts and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, licensors and agents from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Beta Software and all other services or activities related thereto.

1.4 Testing and Evaluation Obligations. Recipient hereby agrees to perform all of the following obligations: (i) to test, evaluate and analyze the Beta Software and its operation, features, capabilities and performance, (ii) to comply with the reasonable requests of SOE from time to time regarding testing, and (iii) to provide feedback and comments to SOE (including, but not limited to, bug reports and test results). All of Recipient's feedback and comments shall be the sole and exclusive property of SOE, LucasArts and/or their respective licensors, and SOE, LucasArts and/or their respective licensors shall have the perpetual right to use all or part of Recipient's feedback or comments in any manner or media now known or hereafter devised.

1.5 Personally Identifiable Information; Monitoring; Privacy Issues. Recipient shall be required to provide to SOE, or allow SOE to upload on an ongoing basis, as a condition to participation in the Beta Program, certain personally identifiable information, including, but not limited to, certain specifications of Recipient's hardware, DxDiag DirectX diagnostic information, video cards, drivers, operating system, crash logs and software ("Personal Information") and Recipient hereby specifically grants SOE the right to upload such information from Recipient's computer system during his or her participation in the Beta Program, solely for the purpose of evaluating, analyzing, maintaining and improving the Game. SOE's retention and use of all Personal Information shall be subject to SOE's posted privacy policy, as that policy may be modified by SOE in its discretion from time to time. Recipient acknowledges that any and all Beta Software character data is stored and is resident on SOE's servers, and any and all communications that he or she makes within the Beta Software, the Game or as part of the Beta Program (including, but not limited to, messages solely directed at another player or players) traverse through SOE's servers, may or may not be monitored by SOE personnel and, accordingly, Recipient has no expectation of privacy in any such communication or in any communication referenced in Section 5.3 herein. Recipient acknowledges and agrees that SOE may transfer and process Game, Beta Program and such other information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Beta Program, Beta Software and the Game. In addition, you hereby expressly consent and agree that SOE may contact you from time to time via email in connection with news about the Game and/or Beta Program.

1.6 Term of the Agreement. Recipient's participation in the Beta Program, and the grant of license herein, may be terminated by SOE at any time, for any reason or for no reason, in SOE's sole and absolute discretion, by providing written, electronic or emailed notice to Recipient. Recipient may, at any time and for any reason or for no reason, terminate his or her participation in the Beta Program by providing written or emailed notice to SOE. The Beta Program will be terminated upon the earlier of (a) SOE's written, electronic or emailed notice to Recipient or (b) the commercial release of the Game. The termination of Recipient's participation in the Beta Program and/or the termination of the Beta Program, however, shall not modify or supersede the survival provision in Section 6.1 below.



2. Confidentiality.

2.1 Confidential Information Defined. "Confidential Information" shall mean (a) any and all information relating to or contained in the Beta Software, Beta Program and/or the Game, including, without limitation, information relating to (i) the performance, capabilities, bugs and contents of the Beta Software, (ii) Recipient's feedback and comments, (iii) any other Beta Program participant's feedback and comments, and (iv) any SOE or LucasArts employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed games, services or business operations of SOE and LucasArts. Confidential Information includes, without limitation, all such information disclosed to Recipient prior to the effective date of this Agreement. Recipient acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of SOE and LucasArts.

2.2 Confidentiality Obligation. Recipient shall keep the Confidential Information in confidence and shall not publish, disclose, post or otherwise make available, directly or indirectly, any Confidential Information to any third party. However, Recipient may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that Recipient shall give SOE reasonable written notice prior to disclosure and shall comply with any applicable protective order or equivalent. ONCE THE COMMERCIAL VERSION OF THE GAME HAS BEEN RELEASED TO THE PUBLIC, RECIPIENT'S CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH RESPECT TO INFORMATION CONCERNING THIS BETA PROGRAM AND ALL FEEDBACK AND COMMENTS (WHETHER FROM RECIPIENT, ANY OTHER PARTICIPANT, OR FROM SOE OR LUCASARTS' EMPLOYEES).



3. Ownership. Except for the revocable, limited license expressly granted hereunder, SOE and/or LucasArts retain all rights, title and interests in and to the Beta Software and all copies thereof, and all Game character data in connection therewith. The Beta Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Recipient acknowledge that the Beta Software contains valuable trade secrets of SOE and/or LucasArts, and that SOE, LucasArts and/or their respective licensors own all intellectual property rights in and to the Beta Software, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. Recipient may not remove the copyright and other proprietary rights notices from the Beta Software. Recipient agrees that this Agreement shall be retained with all printed and electronic copies of the Beta Software and documentation constituting the Beta Software. Recipient agrees to prevent any unauthorized copying or distribution of the Beta Software. Except for the license expressly provided herein, SOE and LucasArts do not grant Recipient any express or implied right in any patents, copyrights, trademarks, or trade secret information of SOE, LucasArts and/or their respective licensors. In accordance with Section 1.4, Recipient agrees that SOE, LucasArts and/or their respective licensors own all rights, title, and interests in any and all of Recipient's feedback and comments, without any remuneration, compensation or credit to Recipient. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, Recipient agrees to assign such rights at such time as the rights are capable of being assigned. Recipient agrees at SOE's or LucasArts' request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce SOE's, LucasArts' and/or their respective licensor's ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by SOE or LucasArts in their sole discretion. If Recipient fails or refuses to execute any such documents, Recipient hereby appoints SOE and/or LucasArts as Recipient's attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on Recipient's behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by Recipient hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to Recipient at anytime in connection therewith. Recipient will acquire no right to use, and will not use without SOE and/or LucasArts' prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of SOE, LucasArts or their respective parent, related or subsidiary companies, employees, directors, shareholders, assigns, successors or licensees: (a) in any advertising, publicity or promotion; or (b) in any manner other than in accordance with this Agreement.

4. Injunctive Relief. Recipient acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that SOE and/or LucasArts shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain Recipient, from such breach or threatened breach. Nothing in this Section 4 shall be construed as preventing SOE and/or LucasArts from pursuing any and all remedies available to it, including the recovery of money damages from Recipient. Accordingly, LucasArts is an intended third party beneficiary of this Agreement.



5. No Warranty; No Liability For Damages; No Support; Character Data.

5.1 No Warranty. Recipient acknowledges that the Beta Software is a pre-release version and is not a final game. RECIPIENT ACKNOWLEDGES THAT THE BETA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS. THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE BETA SOFTWARE, THE GAME AND ALL OTHER SERVICES IS WITH RECIPIENT. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY RECIPIENT, RECIPIENT, AND NEITHER SOE NOR LUCASARTS, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the CD-ROM or DVD-ROM, as applicable, the Beta Software, the Game, your account or continued operation or availability of any given server. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability described herein may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

5.2 No Liability For Damages. IN NO EVENT SHALL SOE OR LUCASARTS, THEIR RESPECTIVE DIRECT AND INDIRECT PARENT, SISTER AND SUBSIDIARY CORPORATIONS, OR EMPLOYEES, AGENTS, LICENSORS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SOFTWARE OR THE GAME, EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the Beta Software will generate computer programs with the characteristics or specifications desired by Recipient or that the Beta Software will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

5.3 No Support. SOE and LucasArts do not provide any support for the Beta Software. However, SOE may provide an e-mail address and/or a passworded board for Recipient to send any questions and/or comments regarding the Beta Software. SOE does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to Recipient's e-mail(s) and/or board postings.

5.4 Test Environment. Recipient acknowledges that the Beta Program is a test environment, that Game characters and/or character data will be frequently wiped or modified at SOE's and/or LucasArts' sole discretion, and that - notwithstanding any fee that Recipient may be charged for participation in the Beta Program - Beta Program Game characters and/or character data shall likely not be exported into the Game once the Game is commercially released.



6. Miscellaneous.

6.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Section 1.4, shall continue in full force and effect even after (i) the Beta Program has been terminated or completed and/or (ii) Recipient's participation in the Beta Program has been terminated.

6.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California excluding conflict of law rules and principles. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law) and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. Recipient hereby waives any claim that such venue is improper or inconvenient.

6.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

6.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Except as otherwise described herein, this Agreement may only by changed or amended by a writing signed by both parties hereto.

Message Edited by NJ62 on 09-30-2004 04:13 PM

I heard in JTL beta they're adding fishnet stockings, M&Ms as a type of super food that adds massive amounts of stamina, and the /spank emote.

/salute Aye Aye!

/zip selfs lips

My bad, won't happen again. Not in the beta, just saw a post that really excited me and passed the info on without stopping to think about whether it was NDA breach or not, not having read the NDA until now.....

Bitter, me? Nah

---

NJ62 wrote:
If you signed up for JTL beta you signed a nondisclosure agreement (NDA), as detailed below, stating you would not talk about JTL beta. If you are not in JTL beta, it means you got the information from someone who broke the NDA in giving it to you.

Please do not post ANY information about JTL beta on this forum. Do not discuss things you saw first-hand, or things you heard from someone else, or link to posts that violate the NDA.

Here is a copy of the nondisclosure agreement:

---

TERMS OF USE, LICENSE AND NON-DISCLOSURE AGREEMENT
(BETA TESTING OF A PRE-RELEASE GAME)
Sony Online Entertainment Inc. ("SOE") has designed and developed, and LucasArts, a division of Lucasfilm Entertainment Company Ltd. ("LucasArts") is the publisher of, a software product entitled Star Wars Galaxies®: Jump To Lightspeed™ (the "Game"). SOE has established a Beta Test program (the "Beta Program") to, among other things, allow a limited number of people to test the features, capabilities and performance of one or more prerelease version(s) of the Game (the "Beta Software") and provide feedback and comments to SOE. By clicking the "I AGREE" button below:

(1) You promise that you are eighteen years of age or older, and are not a principal or employee of a developer, manufacturer or publisher of video or computer games (other than SOE or LucasArts), and are entering into this agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation whatsoever other than what is expressly provided for in this agreement (IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE BETA PROGRAM);

(2) You acknowledge that SOE may, in its discretion and at any time before or during the Beta Program, accept or reject your application for the Beta Program (or terminate your participation therein), and if you are accepted, the Agreement below is a binding contract between you and SOE;

(3) You acknowledge that your application shall not be complete, nor shall you be considered for entry into the Beta Program, unless and until you provide SOE with certain DirectX diagnostic information from your computer as part of this application process, if requested by SOE;

(4) You acknowledge that SOE may, in its discretion, charge a fee for the Beta Software and/or participation in the Beta Program, and your participation in the Beta Program is contingent on your payment of such fee(s);

(5) SOE may, in its discretion, reschedule the start date or end date of the Beta Program at any time in its sole discretion;

(6) You agree and consent, and grant SOE the right, for the term of your participation in the Beta Program, to allow SOE to upload certain DxDiag DirectX diagnostic information, hardware, software, driver, operating system and related information, including crash logs, from your computer solely for the purpose of analyzing, improving and maintaining the Game;

(7) You agree that SOE may, from time to time, contact you by email with news about the Game and/or the Beta Program; and

(8) You agree to all of the terms of the Agreement set forth below.

AGREEMENT
1. License Terms.

1.1 License Grant. SOE grants you (the "Recipient"), the non-exclusive, non-transferable, revocable, limited right to install the Beta Software onto a single computer for Recipient's personal use. Recipient may not use, copy, modify, publish, transmit, broadcast, post, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Beta Software (including, without limitation, any screenshots, videos, documentation or manuals relating to the Game) except as provided in this Agreement. Recipient may only use the Beta Software for testing and evaluation purposes as set forth in Section 1.4 below. All other rights are reserved to SOE.

1.2 License Restrictions. Recipient shall not:

(a) Sublicense to, transfer, network, transmit, distribute or permit use of the Beta Software by, any third party;

(b) Reverse engineer, decompile, or disassemble the Beta Software;

(c) Make copies of the Beta Software other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that Recipient includes on the back-up copy all copyright and other notices that are included on the Beta Software and Recipient's use of such back-up copy shall be subject to this Agreement; and

(d) Export the Beta Software in violation of the export control and similar laws of the United States of America and other countries.

1.3 Indemnification. Recipient (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, SOE, LucasArts and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, licensors and agents from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Beta Software and all other services or activities related thereto.

1.4 Testing and Evaluation Obligations. Recipient hereby agrees to perform all of the following obligations: (i) to test, evaluate and analyze the Beta Software and its operation, features, capabilities and performance, (ii) to comply with the reasonable requests of SOE from time to time regarding testing, and (iii) to provide feedback and comments to SOE (including, but not limited to, bug reports and test results). All of Recipient's feedback and comments shall be the sole and exclusive property of SOE, LucasArts and/or their respective licensors, and SOE, LucasArts and/or their respective licensors shall have the perpetual right to use all or part of Recipient's feedback or comments in any manner or media now known or hereafter devised.

1.5 Personally Identifiable Information; Monitoring; Privacy Issues. Recipient shall be required to provide to SOE, or allow SOE to upload on an ongoing basis, as a condition to participation in the Beta Program, certain personally identifiable information, including, but not limited to, certain specifications of Recipient's hardware, DxDiag DirectX diagnostic information, video cards, drivers, operating system, crash logs and software ("Personal Information") and Recipient hereby specifically grants SOE the right to upload such information from Recipient's computer system during his or her participation in the Beta Program, solely for the purpose of evaluating, analyzing, maintaining and improving the Game. SOE's retention and use of all Personal Information shall be subject to SOE's posted privacy policy, as that policy may be modified by SOE in its discretion from time to time. Recipient acknowledges that any and all Beta Software character data is stored and is resident on SOE's servers, and any and all communications that he or she makes within the Beta Software, the Game or as part of the Beta Program (including, but not limited to, messages solely directed at another player or players) traverse through SOE's servers, may or may not be monitored by SOE personnel and, accordingly, Recipient has no expectation of privacy in any such communication or in any communication referenced in Section 5.3 herein. Recipient acknowledges and agrees that SOE may transfer and process Game, Beta Program and such other information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Beta Program, Beta Software and the Game. In addition, you hereby expressly consent and agree that SOE may contact you from time to time via email in connection with news about the Game and/or Beta Program.

1.6 Term of the Agreement. Recipient's participation in the Beta Program, and the grant of license herein, may be terminated by SOE at any time, for any reason or for no reason, in SOE's sole and absolute discretion, by providing written, electronic or emailed notice to Recipient. Recipient may, at any time and for any reason or for no reason, terminate his or her participation in the Beta Program by providing written or emailed notice to SOE. The Beta Program will be terminated upon the earlier of (a) SOE's written, electronic or emailed notice to Recipient or (b) the commercial release of the Game. The termination of Recipient's participation in the Beta Program and/or the termination of the Beta Program, however, shall not modify or supersede the survival provision in Section 6.1 below.



2. Confidentiality.

2.1 Confidential Information Defined. "Confidential Information" shall mean (a) any and all information relating to or contained in the Beta Software, Beta Program and/or the Game, including, without limitation, information relating to (i) the performance, capabilities, bugs and contents of the Beta Software, (ii) Recipient's feedback and comments, (iii) any other Beta Program participant's feedback and comments, and (iv) any SOE or LucasArts employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed games, services or business operations of SOE and LucasArts. Confidential Information includes, without limitation, all such information disclosed to Recipient prior to the effective date of this Agreement. Recipient acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of SOE and LucasArts.

2.2 Confidentiality Obligation. Recipient shall keep the Confidential Information in confidence and shall not publish, disclose, post or otherwise make available, directly or indirectly, any Confidential Information to any third party. However, Recipient may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that Recipient shall give SOE reasonable written notice prior to disclosure and shall comply with any applicable protective order or equivalent. ONCE THE COMMERCIAL VERSION OF THE GAME HAS BEEN RELEASED TO THE PUBLIC, RECIPIENT'S CONFIDENTIALITY OBLIGATION SHALL CONTINUE ONLY WITH RESPECT TO INFORMATION CONCERNING THIS BETA PROGRAM AND ALL FEEDBACK AND COMMENTS (WHETHER FROM RECIPIENT, ANY OTHER PARTICIPANT, OR FROM SOE OR LUCASARTS' EMPLOYEES).



3. Ownership. Except for the revocable, limited license expressly granted hereunder, SOE and/or LucasArts retain all rights, title and interests in and to the Beta Software and all copies thereof, and all Game character data in connection therewith. The Beta Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Recipient acknowledge that the Beta Software contains valuable trade secrets of SOE and/or LucasArts, and that SOE, LucasArts and/or their respective licensors own all intellectual property rights in and to the Beta Software, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. Recipient may not remove the copyright and other proprietary rights notices from the Beta Software. Recipient agrees that this Agreement shall be retained with all printed and electronic copies of the Beta Software and documentation constituting the Beta Software. Recipient agrees to prevent any unauthorized copying or distribution of the Beta Software. Except for the license expressly provided herein, SOE and LucasArts do not grant Recipient any express or implied right in any patents, copyrights, trademarks, or trade secret information of SOE, LucasArts and/or their respective licensors. In accordance with Section 1.4, Recipient agrees that SOE, LucasArts and/or their respective licensors own all rights, title, and interests in any and all of Recipient's feedback and comments, without any remuneration, compensation or credit to Recipient. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, Recipient agrees to assign such rights at such time as the rights are capable of being assigned. Recipient agrees at SOE's or LucasArts' request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce SOE's, LucasArts' and/or their respective licensor's ownership of any of the rights, title and/or interests hereunder, in whole or in part including, without limitation, execution of a copyright assignment in a form provided by SOE or LucasArts in their sole discretion. If Recipient fails or refuses to execute any such documents, Recipient hereby appoints SOE and/or LucasArts as Recipient's attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on Recipient's behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by Recipient hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to Recipient at anytime in connection therewith. Recipient will acquire no right to use, and will not use without SOE and/or LucasArts' prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of SOE, LucasArts or their respective parent, related or subsidiary companies, employees, directors, shareholders, assigns, successors or licensees: (a) in any advertising, publicity or promotion; or (b) in any manner other than in accordance with this Agreement.

4. Injunctive Relief. Recipient acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that SOE and/or LucasArts shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain Recipient, from such breach or threatened breach. Nothing in this Section 4 shall be construed as preventing SOE and/or LucasArts from pursuing any and all remedies available to it, including the recovery of money damages from Recipient. Accordingly, LucasArts is an intended third party beneficiary of this Agreement.



5. No Warranty; No Liability For Damages; No Support; Character Data.

5.1 No Warranty. Recipient acknowledges that the Beta Software is a pre-release version and is not a final game. RECIPIENT ACKNOWLEDGES THAT THE BETA SOFTWARE MAY WELL CONTAIN ERRORS AND DEFECTS. THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE BETA SOFTWARE, THE GAME AND ALL OTHER SERVICES IS WITH RECIPIENT. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY RECIPIENT, RECIPIENT, AND NEITHER SOE NOR LUCASARTS, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the CD-ROM or DVD-ROM, as applicable, the Beta Software, the Game, your account or continued operation or availability of any given server. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability described herein may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

5.2 No Liability For Damages. IN NO EVENT SHALL SOE OR LUCASARTS, THEIR RESPECTIVE DIRECT AND INDIRECT PARENT, SISTER AND SUBSIDIARY CORPORATIONS, OR EMPLOYEES, AGENTS, LICENSORS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SOFTWARE OR THE GAME, EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the Beta Software will generate computer programs with the characteristics or specifications desired by Recipient or that the Beta Software will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

5.3 No Support. SOE and LucasArts do not provide any support for the Beta Software. However, SOE may provide an e-mail address and/or a passworded board for Recipient to send any questions and/or comments regarding the Beta Software. SOE does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to Recipient's e-mail(s) and/or board postings.

5.4 Test Environment. Recipient acknowledges that the Beta Program is a test environment, that Game characters and/or character data will be frequently wiped or modified at SOE's and/or LucasArts' sole discretion, and that - notwithstanding any fee that Recipient may be charged for participation in the Beta Program - Beta Program Game characters and/or character data shall likely not be exported into the Game once the Game is commercially released.



6. Miscellaneous.

6.1 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Section 1.4, shall continue in full force and effect even after (i) the Beta Program has been terminated or completed and/or (ii) Recipient's participation in the Beta Program has been terminated.

6.2 Governing Law; Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California excluding conflict of law rules and principles. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law) and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. Recipient hereby waives any claim that such venue is improper or inconvenient.

6.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

6.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Except as otherwise described herein, this Agreement may only by changed or amended by a writing signed by both parties hereto.

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picklesSW wrote:
I heard in JTL beta they're adding fishnet stockings, M&Ms as a type of super food that adds massive amounts of stamina, and the /spank emote.

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If only you knew.

If only I knew.

While knowingly violating an NDA without being beholden to the NDA yourself isn't legally binding or grounds for legal retribution, you violate your fellow players.

An NDA is used in the gameing industry to allow people to test and give feedback on "possible" product changes, not "definate" product changes.

When you start saying something about something covered by an NDA you give potentially false hope or encourage dissention based on what is tantamount to a "house of cards" ie something that could change drastically in a matter of hours from what you post.

It's not a big buisness thing, it's a community thing.